The papers provided to the court reveal the following sequence of events. On July 15, 1991, plaintiffs submitted to the Gloucester County Construction Board of Appeals a document captioned "Notice of Appeal from Construction Official's Notice & Order of Penalty." Campbell Aff., P 3 & Exhibit A. Maryfrances Campbell, the Board's Secretary, did not file or process the appeal at that time. Instead, she called Mr. Akins to inform him that he had to resubmit his appeal on a standard application form, which she would mail to him. See Campbell Aff., P 5.
*fn4"

Had plaintiffs' appeal been processed when filed, it should have been heard at the Board meeting on August 13, 1991. Campbell Aff., P 5. As the meeting date approached, Campbell contacted Akins again about the appeal. Id. at P 5. On or about August 13, Campbell asked Vito Sabetta, Board Chairman, what to do about Akins' appeal, and was essentially told that she had done all she had to do. See Transcript, State of New Jersey v. Akins, No. A-79-91 (N.J. Super. Ct. Law Div., March 13, 1992), [hereinafter "Superior Court Transcript"] at 10, 13-14. Ultimately, the appeal was neither listed nor heard at the August 13 Board meeting. Campbell Aff., P 6; Superior Court Transcript at 11-12.
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At an earlier state court proceeding related to this matter, Campbell had been questioned as to why she did not process the Notice of Appeal filed on July 15. She testified that "State regulations" required that the appeal be on the standard form, Superior Court Transcript at 8, that she couldn't have scheduled the appeal as filed without getting in trouble, id. at 10, and that "the UCC book [and] Vito Sabetta, my boss" told her to proceed as she did, id. at 22.

At the summary judgment stage, it is not the role of the judge to weigh the evidence or to evaluate its credibility, but to determine "whether there is a genuine issue for trial." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 91 L. Ed. 2d 202, 106 S. Ct. 2505 (1986). There is no issue for trial unless there is sufficient evidence favoring the nonmoving party such that a reasonable jury could return a verdict for that party. Id. Although the moving party bears the initial burden of informing the district court of the basis for its motion, there is no requirement in the Rule that the moving party support its motion with affidavits or other similar materials negating the opponent's claim. Celotex, 477 U.S. at 323.

The Supreme Court has stated that "a party opposing a properly supported motion for summary judgment may not rest upon the mere allegations or denials of his pleading, but . . . must set forth specific facts showing that there is a genuine issue for trial." Anderson, 477 U.S. 242, 248, 91 L. Ed. 2d 202, 106 S. Ct. 2505 (1986) (citation omitted) (internal quotations omitted). The nonmoving party "must do more than simply show that there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 89 L. Ed. 2d 538, 106 S. Ct. 1348 (1986) (citations omitted).

Furthermore, "if the factual context renders [a] claim implausible . . . [the nonmoving party] must come forward with more persuasive evidence to support their claim than would otherwise be necessary." Matsushita, 475 U.S. at 587.

The substantive law governing the dispute will determine which facts are material, and only disputes over those facts "that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment." Anderson, 477 U.S. at 248. Finally, summary judgment should be granted unless a dispute over a material fact is genuine, which the Court has defined as such that "a reasonable jury could return a verdict for the nonmoving party." Id.

In Butz, the Supreme Court explained that absolute immunity is granted "not because of [an official's] particular location within the Government, but because of the special nature of their responsibilities." Id. at 511. In that case, the Court found that adjudication in federal administrative agencies "shares enough of the characteristics of the judicial process that those who participate in such adjudication should also be immune from suits for damages." Id. at 512-13.

The court finds that the Board is a quasi-judicial agency whose functions are similarly protected by absolute immunity. Members of the Board must be qualified by experience or training, and are appointed by the county appointing authority. N.J.S.A. § 52:27D-127(a). Pursuant to regulations, all board hearings are recorded and are open to the public. N.J.A.C. § 5:23-2.36(a) & (b). The appellant may be represented by counsel, and both parties "shall be granted an opportunity to address the board, present testimony, examine and cross-examine witnesses consistent with reasonable rules of procedure and due process." N.J.A.C. § 5:23-2.36(c). After the Board hears the appeal, it must file its decision with a statement of its reasons. N.J.A.C. § 5:23-2.37(a)(1).

The court finds that the actions of Ms. Campbell at issue in this case were the functional equivalent of the actions of a court clerk. She was the appointed individual responsible for the ministerial act of filing appeals to the Board. Campbell Aff., PP 1, 2. Her action in refusing to file what she apparently believed to be an improper form of appeal, as in the cases cited above, was not performed "in the clear absence of all jurisdiction." Accordingly, Ms. Campbell is entitled to absolute quasi-judicial immunity for her failure to process plaintiffs' appeal to the Board.

To the extent that Mr. Sabetta, Chairman of the Board, was responsible for this action, he is similarly entitled to absolute immunity. As a member of the Board, Mr. Sabetta was a quasi-judicial official. In determining that an appeal was improperly filed, he would not have been acting in the clear absence of all jurisdiction.
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In the alternative, the court finds that defendants are entitled to summary judgment on plaintiffs' due process claims based on the availability of state post-deprivation remedies.

Plaintiffs claim that a due process deprivation was caused by "the unauthorized failure of agents of the State to follow established state procedure," Parratt v. Taylor, 451 U.S. 527, 543, 68 L. Ed. 2d 420, 101 S. Ct. 1908 (1981), and not by the state procedure itself. The complaint alleges that the Board deliberately decided not to file plaintiffs' appeal, contrary to state law. Amended Complaint, P 43, 46.

These types of errors by administrative officials "do not create a federal claim so long as correction is available by the state's judiciary." Cohen v. City of Philadelphia, 736 F.2d 81, 86 (3d Cir. 1984) (citing Parratt v. Taylor), cert. denied, 469 U.S. 1019, 83 L. Ed. 2d 360, 105 S. Ct. 434 (1984). In the instant case, plaintiffs could have appealed the Board's failure to process their appeal ten days after submission of the appeal. The statute provides that "failure by the board to hear an appeal and render and file a decision thereon within the time limits prescribed by this subsection shall be deemed a denial of the appeal for purposes of a complaint, application or appeal to a court of competent jurisdiction." N.J.S.A. § 52:27D-127.

Had plaintiffs availed themselves of this state remedy, they would not have been subject to the municipal court action. Also, as discussed above, plaintiffs did take advantage of state remedies after their conviction, and succeeded in getting the conviction overturned.

The court finds that adequate post-deprivation remedies were available to correct any unlawful action by the Board. Therefore, even assuming that plaintiffs were deprived of a protected interest, and that the allegations of conspiracy are true, plaintiffs cannot prevail on a claim under § 1983 for denial of due process.

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